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BCC Minutes 01/28/1986 W - - .. . .1 ;. , Naples, Florida, ,1<1T'''.'r.~1 ?P., 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, .et on this date at 3:45 P.M. in WORXSHOP SESSIOR in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMANs John A. Pistor VICE CRAIRMANs Anne Goodnight Frederick J. Voss Max Hasse C. C. "Red" Holland ALSO PRESENT: Maureen Kenyon, Deputy Clerk, Don Lusk, COunty Manager; Pam Brangaccio, Deputy Assistant County Manager, Vickie Mullins, Community Development Administrator, David pettrow, Zoning/Planning Director: Charlie Gauthier, Chief Planner, Barbara Cacchione, Ann McKim and David Weeks, Planners, Nancy Israelson, Administrative Assistant to the Board, and Deputy Chief Ray Barnett, Sheriff's Department. AGENDA Discussion regarding status on Local Comprehensi". Planning and Land Development Regulation Act of 1985. STATUS ON LOCAL COHPREHnSIVE PLArnrIIIJG AIIJD LAND DEVELOPMmI'l' RZGULATIOIIJ ACT OF 1985 - NO ACTIOIIJ Zoning/Planning Director Pettrow stated that the reason that he i. before the Board i8 to give a summary briefing and an update of the new Growth Management Act that was passed by the Legislators in Tallahassee in the summer of 1985. He stated that it covers all aspects of growth and dev~lopment in the State by all lIunicipalities and all counti.s, adding that this Act requires comprehensive plans and new elements to comprehensive plans as well as being tied into a capital i.prove.ent ~! budget. He stated that the Act also treats DRI legislation and amends it considerably and it establishes a coastal zone protection element. He noted that the comprehensive plan that the County must now a.end and add elements to has a time limit of approxi.ately 2 years. He .tated pag_ 1 &001: 092 PAb£' 90 "' ._--*_.""..~,-".., ......., ....""..." Oe2 91 January 28, 1986 &QQ~ :J HGE that the County Comprehensive Plan has to be consistent with the State Comrreh~nßive Plan and the State has not done their's yet and the rules have not even been formulated yet. He stated that the rules have just been heard by a special hearing committee and they are going to be going to the legislature and by ~id Pebruary, the rules should be out that the State expects Collier County to abide by. He stated that once the rules are out, the Regional Planning Councils in the state must develop their rules, and the COunty haS to be consistent with their ruleø, but they do not have to be out until summer or fall. He noted that because the rules are not available yet, some things will not be done for at least 6 to 8 months and the amount of work that is going to be done, since it involves all elements plus the capital improvements program, which is what ties in the expenditures and monies in this County, will involve all divisions and all departments as well as the Board and the County Manager. He stated that a number of counties have aìready started by hiring attorneys, planners or consultants. He said that once he has received the rules, the program will b. structared and he will report bacK to the Board at that tiae. He noted that Planninq will be doing a major part of the coordination and staffing or con- sulting assistance will be needed. Chief Planner Gauthier stated that the Local COmprehensive Planning and Land Development Regulation Act will impact Collier COunty in three baøic ways, adding that the Comprehensive Plan is going to have to be completely developed to make it consistent with state and regional plans by November, 1987. He noted that by one year after that date, all of the land development regulations are going to have to be brought into conformance with the COllprehensive Plan. He reported that the second major impact is that the law will alter the way the County makes decisions on land uses, adding that the County will be requireð to adopt level of service standards for various public facilities and if they are being exceeded, development order. cannot be issued for that service area unless those orders are conditioned so that the development will be timed and the public facilities will be available when the developments impacts ace Jr. He stated that the third .ajor impact is that the law is going to alter the process of identifying and scheduling capital improvements, adding that capital improve.ents are Page 2 ,".' .. 1·'1.···'··. " ~ "', Ld" r"' .. ,.,..,..,~ ." - - ~ .-/ __"·__''''m._~;___,__,_,.,."., ,......,;-'"'~...~"'""....."...-. ~--- ...'........."",",.., ~" - -~-- .. - .. " # " I i January 28, 1986 defined as those that are over $50,000 in value. He stated that the County will have to be consistent with the State Comprehensive Plan, with the State minimum criteria rule which is being developed, and with the Comprehensive Regional Policy Plan which is very important as that policy plan will indicate what some of the level of service standards are that the County will have to abide by. He noted that there are going to be probl~ms in both ti~e and money in redeveloping the plan. He stated that the County has only 22 months to complete this plan which presents a problem in terms of staff and budget, providing for meaningful public participation: actually writing the plan, and, with regard to the necessary sequence. He indicated that the State criteria rule goes through the Legislature and the outcome of that rule will not be known until June and the Comprehensive Regional Policy Plan will not be adopted by the Regional Planning Council until the end of 1986. He stated that in terms of money, the Southwest Florida Regional Planning Council has estimated that for Collier County, the cost to redevelop this plan will be $500,000 to $900,000, noting that most of this will be in staff time, adding that there will not be much financial support from the State. He said that the Legislature allocated $2.2 million state-wide in first year DOney and of this, the County can expect at least $27,500 and perhaps up to $34,000 by late spring, adding that future funding is unknown but the Department of Community Affairs is asking for $7 million state-wide for next year. He noted that with reference to the content of the local comprehensive plan, there will be II elements required and several optional elements which will be composed of sections providing data, analysis, goals, policies, and objectives, adding that the goals, policies, and objectives will have to be specific and measurable. He stated that they are designed to carry out the State Comprehensive Plan and to be consistent with the regional policy plan. He stated that the proposed minimum criteria rule is sort of a cookbook appr~ach to planning and directs very elaborate data and analysis requirements, adding that many local governments feel that the information inventory requirements in that proposed rule are excessive and would not lead to the fulfillment of the law. He stated that the local comprehensive plan is now subject to State approval based on the consistency with the hierarchy of plans and Page 3 aoo( 092 PA~,[ !J2 -'-"~.-~~--- ·----------..- 092 93 January 28, 1986 &OO~ P Ar,( . rules, adding that if the State disapproves a local plan and the lo=al government will not make the appropriate changes, there are sanctions. He state1 that first of all, the State can direct the Regional Planning Council to rewrite the plan for the County at the County's expen.e and the second sanction is that the State may withhold state revenue to local governments. He stated that the new law allows amendment to the local comprehensive plan twice a year and the amendments are also subject to State approval. He indicated that as part of the plan, there will be a specific future land use map needed which will have to have at least II categories of future land uses which will be similar to the map that ~~s used prior to the adoption of the plan in December, 1983. He stated that under the new law, the County must adopt and adhere to a level of service standards for public facilities, adding th~t the proposed minimum criteria rule defines pUblic facilities and services as transportation, sewer, solid waste, drainage, potable water, educational, pdrks and public health facilities. He stated that the law and the proposed rule directs that if a level of service standards is or would be exceeded, a Developaent Order cannot be issued for the service area unless it i~ conditioned in terms of timing of impact. He stated that level of services for other pUblic facilities might be expressed in terms of acres of parK per capita, library booKs per capita or square footage of public health facilities per capita. He noted that the Comprehensive Regional Policy Plan will impose on the County a transportation level of service standard and it might include level of service standards for these other public facilities as well. He reported that ~s far as the capital improve.ent program requirement as part of the comprehensive plan is concerned, it will have a very specific capital improvement element, adding that the purpose is to consider the need for and location of pUblic facilities in order to encourage efficient utiliziation. He stated that this element .ust b. done for a five year time frame and must b. updated annually, adding that the first year of the CIP must be adhered to, meaning that to add a new project, it will be necessary to add that project to the list in the comprehensive plan. He indicated that the capital improvement element is to include principles for construction, extension or incrEasing capacity of public facilities, a list with facility cost, Page 4 .. - - ,: 'J: . [ ., ,i'-, .:10,.. . ";.. ; ."- ·,'..--" .. - - .' ; / January 28, 1986 scheduling, location and funding, standards or level of services and requirements to describe the extent of indebtedness of local govern- mentE and their ability to finance additional projects. He stated that there will be level of service standards for educational facilities and their capital improvements must be a part of the County's Comprehensive Plan. He stated that this coordination is a requirement in Chapter 163 and it is required in the enabling statute for the local School Boards. He noted that the intent of this is to assure that existing public facilities will not be overwhelmed by new development and that new public facilities will be funded, scheduled and located in an appropriate way, adding that this would then be a standard driven system of capital iMproveMent programming. He noted that the capital improvements are to be based on the data and analysis in each element of the Comprehensive Plan as well as being based on the population projects, future land use map, and existing levels of service for facilities that are in place. He stated that at the same time in service areas where the level o~ service standards of public facilities are beins exceeded, no Development Orders may be issued unless conditioned. He note~ that on land development regulations, the redeveloped comprehensive plan mUst be implemented and the Act requires that within one year after adoption, land development regulations .ust be in place to implement the plan and since Collier County already has most of the necessary ordinances, the process will be one of bringing the existing ordinances into compliance with the plan. He stated that an exception to this is that a well field protection ordinance will be neeùed. He indicated that during the interim period after plan adoption, but before the one year i. up, if there is a conflict between one of the ordinances and the newly adOpted plan, the provisions of the plan legally govern. He noted that increased legal standing has been granted to affected persons under this law; which means that the County could be subject to lawsuits if the plan is not backed with i.plement- ing land development regulations or if there are any Development Orders issued that are no~ consistent with the plan, adding that the scope and effect of this increased standing will be up to the lawyers and the courts to sort out. He indicated that there are many unknowns regarding this plan and everyone that they talk to has a different . ~ Page 5 &OO( 092 PAG( 94 "...._-'.."._""'.~ '~,...._-,,,."......_,,...., . aOOK 092 PI',( 95 January 28, 1986 perspective on how it is all going to fit together. Commissioner Pi,tor stated that the staffing is going to be very difficult and questioned if the advisory boards have been asked to help by having more frequent meetings to assist in writing some of this material? Mr. Pettrow stated that he realizes that the COunty does not have the needed money for this type of prOgram, adding that he would like to have a state-of-the-art plan when this is done. He 6tated that he sees a golden opportunity in this comprehensive plan to take care of a multitude of problems. He stated that the Planning Co~mission will become heavily involved in this, but at this point he cannot say to what extent or when. Commissioner Holland questioned if the ~ewage treatment plant would come under the capital improvement plan in this program, to which Hr. pettrow replied affir~atively. Mr. pettrow stated that by June, he should have a very gOOd idea as to how to prepare the County plan to be consistent with the State and in the meantime, the Region has to make their plan and policy. Commissioner Holland stated that the MPO has a ten year plan and a five year plan in the works this date, and the County has a five year plan, and it seems now that after two year., these plan. will no longer be effective. Mr. pettrow stated that a lot 01 these plan. will be consistent with the State and a lot of things that are deficient will be brought up to par. He stated that some of the plan. lIay have to be altered either for a level of service or exact location, but once expenditures have been committed, it will be built into the Capital I~provement Program and most of these things can be JIIade consistent. Deputy Assistant County Manager Brangaccio stated that the County Administrator from Lee County has an estimate that it is going to be a one time cost of $1.5 million, which is staff dollar., and does not include legal fees to implement requtrempnts of this plan. She stated that the region has estimated $800,000 for a county the size of Collier, adding that it is a consi~erable investment. She stated that Staff plans on updating the Board twice a month and, when there is an estinlate on what is going to be required and a plan and the dates that Page 6 - - - " "1. " ;;.J , ,.~.... ~ ¡... - - - . .' January 28, 1986 are reguire~. it will be brought b~ck to the Board. Commissioner Holland stated that the plan that the County has was State-mandated and it had to be accepted by the State. He stated that the amendment process was done in December to bring it up to date and that was accepted by the State. He said that the State should ask that the plan be amended. Mrs. Brangaccio stated that this is basically what it is, adding that the plan that is in existence now has to be more or less over- hauled to meet all of the State changes from the 1985 legislation. Commissioner Pistor stated that when there are more facts known, the issue should be brought back to the Board for further discussion. There being no further business, the meeting was adjourned by Order of the Ch~ir - Timer 4r20 P.M. &OO~ 092 PAGE 96 Page 7 ),' :fj · ,I · '( · ~1. II I .1 /" .;~t .. ~;! I, :'d ,.,: .^ ~, .4, ~ .. " " f ~ " 10. ,., ~ /~ .,~.~ . ; :. "'. ~ .,.... ,-